‘Sensitive information’ is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and

‘Use’ of information means use of information within Think Capital Limited.

2. What kinds of personal information do we collect and hold?

We may collect and hold a range of information about you to provide you with our services, including:

your full name;

contact details;

date of birth;

employment details;

country of residency;

financial and trading information;

identification details such as passport or driver’s licence details;

proof of address such as utility bills and banks statements;

trading preferences;

banking details; and

other personal information we require to meet your needs and provide our services to you.

3. How do we collect personal information?

We generally collect personal information directly from you. For example, personal information will be collected through our application processes, forms and other interactions with you in the course of providing you with our services, including when you visit our website, call us or send us correspondence.

We may also collect personal information about you from a third party, such as identity verification services, your introducing broker or marketing agencies. If so, we will take reasonable steps to ensure that you are made aware of this Policy if we have not done so previously. We may also use third parties to analyse traffic at our website, which may involve the use of cookies. Information collected through such analysis is anonymous.

Think Capital Limited will not collect sensitive information about you without your consent unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

If you do not provide us with the personal information we request, we may not be able to provide you with our products or services, or meet your needs appropriately.

Think Capital Limited does not give you the option of dealing with us anonymously, or using a pseudonym. This is because the nature of services and the associated regulatory obligations mean that it is illegal or impractical for Think Capital Limited to deal with individuals who are not identified.

4. Unsolicited personal information

Think Capital Limited may receive unsolicited personal information about you. We do our best to destroy or de-identify all unsolicited personal information we receive, unless it is relevant to Think Capital Limited’s purposes for collecting personal information, as set out in this Policy. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.

5. Who do we collect personal information about?

The personal information we may collect and hold includes (but is not limited to) personal information about the following individuals:

clients;

potential clients;

visitors to our website;

introducing brokers; and

service providers or suppliers.

6. Why does Think Capital Limited collect personal information?

We collect and hold personal information about you so that we may:

provide you with our services;

review and meet your needs;

provide you with information relating to derivatives and foreign exchange contracts that we believe may be relevant or of interest to you;

let you know about other products or services we offer, send you information about our special offers or invite you to events;

consider any concerns or complaints you may have;

comply with relevant local and overseas laws, regulations and other legal obligations; and

help us improve the products and services offered to our clients and enhance our overall business.

We may use and disclose your personal information for any of these purposes. We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act. Sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise or an exemption in the Privacy Act applies.

7. Who do we disclose personal information to?

We may disclose personal information to:

a related entity of Think Capital Limited;

an agent, professional advisor or service provider we engage to provide us with administrative, marketing, financial, insurance, research and other services such as our counter-party banks, liquidity providers, marketing agencies and IT service providers;

your introducing broker or money manager;

organisations involved in a transfer or sale of our assets or business;

financial institutions involved in managing our payments, such as banks;

regulatory bodies, government agencies, law enforcement bodies and courts; and

anyone whom you authorise us to disclose it to.

If we disclose your personal information to service providers that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will take steps to ensure that all contractual arrangements with third parties adequately address privacy issues and will make third parties aware of this Policy.

8. Sending information overseas

We are likely to disclose your personal information to our affiliates located in the United Kingdom and Germany. We also use cloud data storage providers, which means your personal information will be stored on servers that may be located overseas in countries such as Hong Kong, the United Kingdom and the United States.

We will not disclose your personal information to overseas recipients without your consent unless:

we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs; or.

the recipient is subject to a similar information privacy regime.

9. Management of personal information

Think Capital Limited recognises the importance of securing the personal information of our clients. We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.

Your personal information is generally stored in our computer database. Any paper files are stored in secure areas. In relation to information that is held on our computer database, we apply the following guidelines:

passwords are required to access the system and passwords are routinely checked;

data ownership is clearly defined;

we change employees’ access capabilities when they are assigned to a new position;

employees have restricted access to certain sections of the system;

the system automatically logs and reviews all unauthorised access attempts;

unauthorised employees are barred from updating and editing personal information;

all computers which contain personal information are secured both physically and electronically;

data is encrypted during transmission over the network; and

print reporting of data containing personal information is limited.

10. Direct marketing

Think Capital Limited may only use personal information we collect from you for the purposes of direct marketing without your consent if:

If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.

You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.

11. Identifiers

We do not adopt identifiers assigned by the Government (such as driver’s licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.

12. How do we keep personal information accurate and up-to-date?

We are committed to ensuring that the personal information we collect, hold, use and disclose is relevant, accurate, complete and up-to-date.

We encourage you to contact us if any personal information we hold about you needs to be updated. If we correct information that has previously been disclosed to another entity, we will notify the other entity of the correction within a reasonable period. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We will not charge you for correcting your personal information.

13. Accessing your personal information

Subject to exceptions in the Privacy Act, you can access the personal information that we hold about you by contacting the Privacy Officer. We will generally provide access within 30 days of your request. If we refuse to provide you with access to the information, we will provide reasons for the refusal.

We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged.

14. Updates to this policy

This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. In case of doubt, personal information we collect and hold is governed by the current version of this Privacy Policy on our website at the relevant time.

15. Our responsibilities

It is the responsibility of management to inform employees and other relevant third parties about this Policy. Management must ensure that employees and other relevant third parties are advised of any changes to this Policy. All new employees are to be provided with timely and appropriate access to this Policy, and all employees are provided with training in relation to appropriate handling of personal information. Employees or other relevant third parties that do not comply with this Policy may be subject to disciplinary action.